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Publication Date: 2018-01-16
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0025
Trial court erred in granting summary judgment in favor of appellee bank in dispute over mortgage foreclosure and note because the only support in the record for finding events of default was in appellees assistant vice presidents affidavit and the trial courts apparent reliance on that affidavit was a violation of the Nanty-Glo rule. Reversed.
Publication Date: 2018-01-09
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas
Judge: Judge Padilla
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1868
Where real property was sold at a sheriffs sale and later subject to redemption, appellant was not entitled to recover cost of repair where it failed to show such repairs were reasonable and necessary expenses actually paid.
Publication Date: 2018-01-09
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1913
Trial court erred in granting partition because a restriction in the deed precluded appellee from filing an action in partition without the express written consent of two of the three deed holders. Reversed.
Publication Date: 2018-01-09
Practice Area: Real Estate
Industry:
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1912
Trial court erred in upholding the zoning boards finding that appellants were operating a bed and breakfast because the language of the ordinance was ambiguous as to whether serving breakfast was required as part of the definition of a B&B and the ordinance had to be interpreted in favor of the landowners widest use of the land. Reversed.
Publication Date: 2018-01-09
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schmehl
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1894
The court granted defendants motion for summary judgment in plaintiffs §1983 action seeking damages for the loss of his building as well as for personal property in the building after city ordered demolition of the building as a threat to public safety when part of the front of the building collapsed because plaintiff never identified a policy, custom or practice of the city that caused any constitutional violations, plaintiff took ad-vantage of his post-deprivation remedies and nothing in that process was inadequate and it was just
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Publication Date: 2018-01-02
Practice Area: Civil Appeals | Land Use and Planning | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Moulton
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1891
Trial court erred in striking a purportedly defective deed from the records because the matter was first raised by petition, the trial court lacked any jurisdiction in the matter since the rules of civil procedure required an action to be commenced by a complaint or a summons and where the trial court lacked jurisdiction, its order was a nullity. Order vacated.
Publication Date: 2017-12-26
Practice Area: Government | Real Estate | Regulation
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1843
The City of Bethlehem met its burden of establishing that defendants property required a conservator where it produced uncontroverted testimony about the propertys blighted, deteriorated and unsafe condition and defendants failure to take remedial action. The court affirmed an order granting a petition for conservatorship.
Publication Date: 2017-12-26
Practice Area: Real Estate | Trusts and Estates
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1847
Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.
Publication Date: 2017-12-19
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Gray
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1798
The court did not abuse its discretion in concluding that the boundary line referenced in a deed included a light pole on the east side of the road, rather than the one on the west side, because the location of the light pole on the east side was more consistent with the acreage specified in the deed.
Publication Date: 2017-12-12
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1813
Trial court properly granted preliminary injunction where enjoined party was contractually prohibited from interfering with residential development conducted by party seeking the injunction. Orders of the trial court affirmed. Timothy Paul Hendricks and W. Todd Hendricks, brothers, were involved in the same companies, collectively referred to as TH Properties, and were involved in residential development on property they owned.
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